Project Phase I Report

PROJECT PHASE I REPORT

Client Name:    Contractor Name:

Project Title:    Project ID:

Report Date:    Phase:

RECITALS

WHEREAS, Client Name: requires professional services to evaluate and document the conditions and feasibility for the Project Title identified above; and

WHEREAS, Contractor Name: has represented that it possesses the necessary qualifications, personnel, and experience to perform the Phase I scope described in this report; and

WHEREAS, the parties desire to set forth the scope, deliverables, payment terms, and legal provisions applicable to the Phase I services and the Phase I report transmitted herewith;

EXECUTIVE SUMMARY

SCOPE OF WORK (PHASE I)

The Contractor shall perform the tasks described below as Phase I services. These tasks constitute the material obligations of Contractor for Phase I and will form the basis of the Phase I Report.

METHODOLOGY

FINDINGS AND OBSERVATIONS

DELIVERABLES

The Contractor will deliver the following Phase I deliverables to Client within the timeframes below. Deliverables include written reports, diagrams, and supporting documentation.

ACCEPTANCE

Client shall have a period of days from receipt of each deliverable to provide written notice of non-conformance. If no such notice is received within the acceptance period, the deliverable will be deemed accepted.

PAYMENT TERMS

Invoices are due within days of invoice date. Late payments shall incur a late fee of per month on the outstanding balance, compounded monthly, and the Contractor may suspend services after providing days' written notice of intent to suspend.

Expenses are reimbursable in accordance with Contractor's standard expense policy; supporting receipts shall be provided with invoices.

TERM AND TERMINATION

Term Commencement Date:    Anticipated Completion Date:

Either party may terminate this Phase I engagement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach if the breach is not cured within days after receipt of written notice specifying the breach. Upon termination, Client shall pay Contractor for all services performed and reasonable costs incurred through the effective date of termination, subject to any set-off for unaccepted deliverables.

CONFIDENTIALITY

Confidential Information means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential. Each party shall: (a) use Confidential Information solely to perform its obligations under this Phase I engagement; (b) restrict disclosure to employees, consultants, and agents with a need to know and who are bound to confidentiality obligations no less protective than those set forth herein; and (c) protect Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly known through no breach of this agreement; (ii) is lawfully received from a third party without restriction; (iii) is independently developed without use of the other's Confidential Information; or (iv) is required to be disclosed by law or valid legal process, provided the receiving party gives prompt notice so the disclosing party may seek protective measures.

GOVERNING LAW

This Phase I Report and any agreement or acceptance incorporating it shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in that state for disputes arising out of or relating to this engagement.

ENTIRE AGREEMENT

This document, together with any written proposal or work order expressly incorporated herein by reference, constitutes the entire agreement between the parties with respect to Phase I services and supersedes all prior and contemporaneous agreements, representations, and understandings relating to the subject matter hereof. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

ATTACHMENTS AND SUPPORTING DOCUMENTS

CERTIFICATION

The undersigned certify that, to the best of their knowledge, the facts, findings, and conclusions presented in this Phase I Report are accurate and based on the information, observations, and tests conducted in the course of performing the services described in the Scope of Work. The report does not constitute a guarantee or warranty of future conditions.

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